4 Year Old Claim Form!!!!

4yearoldclaim

@Fruitcake yes emailed to both Although I just cc'd their info inbox (claimants solicitors).

@GeorgeFormby they are absolute clowns - kinda looking forward to Thursday now. Fingers crossed judge allows late WS. 

Fruitcake

If your WS is not allowed, you can still rip apart the claimant's WS. That's why you should have a crib sheet ready with all the points you want to raise about the discrepancies in their signs, the lack of any images showing your car actually parked, and parked near enough to a sign that can be read in darkness, and proof that the readable signs are from the material time and location.

You should use terms like, on the balance of probabilities the only signs that are readable are not from the site in question and put the claimant to strict proof that the contrary is true.

I can't remember; was a site map included in their WS showing the locations of the signs? 

Did you include a summary costs assessment with your WS? If not, fire one over two days before the hearing, and make sure you bring it up at the end if you win.

4yearoldclaim

So - hearing has been adjourned due to judicial unavailability.

Will get a new hearing date in due course. 

Oh trust me - I'll be there with all my documents/notes/lines of argument/counterpoints printed and ready to rattle off.

Agreed - I shall endeavour to use the most appropriate phrasing for his/her Honour and adjust my lexicon accordingly

They did include a site map for both sites. Interestingly, their map for Moto Medway East site does not have a 'cars entry sign' as shown in their key. Nor does a large section of the car park feature any car roundels signs. Coverage of these signs is most certainly not even across the site, given theres large swathes of car parking without any 'car roundel' signs.

I included this for summary costs - any good?

My fixed witness costs - ref PD 27, 7.3(1) and CPR 27.14
43. As a litigant-in-person I have had to learn relevant law from the ground up and spent a considerable time
researching the law online, processing and preparing my defence plus this witness statement. I ask for my
fixed witness costs. I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR
and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a
party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably
incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a
set amount allowable for loss of earnings or loss of leave.
44. The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27,
7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings)... are: (1) for
the loss of earnings or loss of leave of each party or witness due to attending a hearing ... a sum not exceeding
£95 per day for each person.''

Will update you guys once new hearing date is set / if any further updates occur.

Johnersh

So - hearing has been adjourned due to judicial unavailability.

Cuts to the justice budget, inadequate recruitment and investment. 

And this is only a modest parking claim. No agenda/political bent of a particular persuasion, but I'd encourage anyone who strives for better to register their displeasure in due course at the ballot box.